[nfbmi-talk] Fw: FOIA Response to Request for Information on One-Stop Assessment & Survey and MOUs

Thu Jun 19 19:30:24 UTC 2014

This is not a duplicate but, rather evidence of ongoing violations of the ADA/504 relative to charging me for information related to the state plan and, in fact information they claim to have.

Joe Harcz
----- Original Message ----- 
From: joe harcz Comcast 
To: Marlene Malloy MCRS Dir. 
Cc: BRIAN SABOURIN ; Michael Poyma VA MCRS ; Sarah Gravetti ; Christyne.Cavataio at ed.gov ; valarie Barnum Yarger MISILC ; Elmer Cerano MPAS ; MARK CODY ; MARK MCWILLIAMS MPAS 
Sent: Thursday, June 19, 2014 3:00 PM
Subject: Fw: FOIA Response to Request for Information on One-Stop Assessment & Survey and MOUs

Is there no shame here? This goes to reports referenced in BSBP's state plan and assessments of the one-stops. Thus this information should be readily available to the public and indeed MCRS.

But this outlaw organization wishes to charge me for it?

How transparent is this?

Also goes to the fact that this very agency funded to rehabilitate people who are blind and required to make said information accessable without surcharge under Section 504 of the Rehab Act and Title II of the ADA rroutinely, with malice of forethought and in demonstrable fashion over and over again violat these civil rights.

Paul Joseph Harcz, Jr
----- Original Message ----- 
From: Haynes, Carla (LARA) 
To: joe harcz Comcast 
Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Jones, Leamon (LARA) ; Gaston, Diamalyn (LARA) 
Sent: Thursday, June 19, 2014 2:49 PM
Subject: FOIA Response to Request for Information on One-Stop Assessment & Survey and MOUs

June 19, 2014

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

Re:  FOIA Response to Request for Information on One-Stop Assessment & Satisfaction Survey and Memorandums of Understanding

Dear Mr. Harcz, Jr.:

This email is in response to your June 12, 2014, email request for information, received by this office on June 13, 2014.  Please be advised that the Bureau of Services for Blind Persons (BSBP) is processing this request under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq. 

You have requested information as described in your email (which is also below) as:

"Regardless as you and BSBP assert  data here I'm requesting the assessment and satisfaction reports referenced herein.  I'm also requesting the memorandums of understandings."

Your request is granted as to existing, nonexempt documents pertaining to your request. 

We estimate that the time to process this request is 9 hours.  Section 4(1) of the FOIA, MCL 15.234(1), provides that a public body may charge a fee for public record search, including the mailing costs, the cost of duplication or publication including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information.

FOIA Response - P.J. Harcz, Jr.

Page 2 of 2

June 19, 2014

Please note that nothing within the federal American with Disabilities Act 

(ADA ), Section 504 of the Rehabilitation Act of 1973 (RA), as amended, or the state's FOIA (MCL 15.231 et seq.) requires a public body to process FOIA requests free of charge.  Further, while the ADA and Section 504 of the RA may mandate that, upon request, material be produced in an accessible format without charge, neither the ADA or Section 504 of the RA preclude a public body from charging costs under the state's FOIA.  Thusly, please note that no labor fee charges have been, or will be, assessed to convert existing, nonexempt public records responsive to your requests into an accessible format to forward to you.

In order to complete the processing of your request, and based on the hourly wages and benefits of the lowest paid Department employee capable of performing the necessary tasks to process your request, we are requesting a deposit of $141.16 in order to begin the processing of this request.  An invoice is attached that outlines the costs.

Once payment is received for the deposit, we will start the processing of your request.  Once the process is complete, we will request payment for the additional amount of the actual cost of the request.  When we receive this payment, we will send the information either to you via email or to you in the U.S. Mail on a USB flash drive (depending on the amount of material responsive to your request).

Sincerely,

Carla Miller Haynes, FOIA Coordinator

Bureau of Services for Blind Persons

Attachments - 2:  Invoice & Request for Information

cc:     Edward F. Rodgers II

Sue Luzenski

          Mike Pemble

Katie Belknap

          Leamon Jones, Diamalyn Gaston

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF SERVICES FOR BLIND PERSONS

FREEDOM OF INFORMATION ACT INVOICE

NAME AND ADDRESS OF REQUESTER:

Mr. Paul Joseph Harcz, Jr.

E-mail: joeharcz at comcast.net

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

REQUEST RECEIVED:  June 13, 2014

TYPE OF REQUEST:  Email

REQUEST PARTIALLY DENIED:  No

EXEMPT INFORMATION WITHHELD/REDACTED:  To be determined

EXTENDED RESPONSE NOTICE ISSUED:  No

REQUESTED INFORMATION WILL BE:  Emailed/Invoiced For Payment

ACCOUNT CODE:  Index:   36200        PCA: 11343

DLARA CONTACT:  Melvin Farmer, Central FOIA Coordinator

(517) 373-0194, Ottawa Building, 4th Floor, 611 W. Ottawa, Lansing, MI  48909

The FOIA provides that the department may charge a fee to comply with requests for public records.  The processing fee is composed of hourly wages and benefit costs of the lowest paid employee(s) capable of processing the request; the duplication of records at assessed costs per page; mailing costs; and other related special costs.  Prior to searching and copying requested records, the department may request full payment or 50% of the estimated costs exceeding $50.00 with the balance required before mailing the records.  Assessed costs are related to your request for:

""

INVOICE CALCULATIONS

LABOR 

          Locating and Duplicating Cost:  

Number of Hours:  8 hrs. x Hourly Rate: $31.37 = Amount:      $250.96

          Examining and Extracting Cost:  

                   Number of Hours: 1 hrs. x Hourly Rate: $31.37 = Amount: $31.37

TOTAL LABOR:           $282.33

POSTAGE (estimate):           To be determined based on the amount of information

DUPLICATING:  Number of Pages (0) times Copying Rate of $0

OTHER (overtime, audio tapes, discs, photos, security, etc.):  $0

SUBTOTAL:  $282.33

Less waived indigency fee under FOIA Act MCL 15.234 Section 4(1)       

INVOICE TOTAL:        $282.33

DEPOSIT* $141.16

BALANCE TO BE PAID*:     $141.17

Make check or money order payable to:         STATE OF MICHIGAN

Remit to:    Department of Licensing and Regulatory Affairs

Office Services Mailroom

7150 Harris Drive, PO Box 30015

Lansing, MI  48909

RETURN ORIGINAL COPY OF THIS INVOICE WITH YOUR PAYMENT

*Please note that if a deposit is requested, the indicated amount is an estimate of the cost of complying with your request.  The actual cost may vary somewhat from this amount.

From: joe harcz Comcast [mailto:joeharcz at comcast.net]  

Sent: Thursday, June 12, 2014 12:42 PM 

To: Rodgers, Edward (LARA) 

Cc: Luzenski, Sue (LARA); BRIAN SABOURIN; Marlene Malloy MCRS Dir.; Michael Poyma VA MCRS; 

BSBPcommissioners; Gary Gaynor; commissioner-hudson at outlook.com; nfbmi-talk at nfbnet.org 

Subject: one-stop assessments survey request

June 11 2014 on "One-stop Assessments and Satisfaction of BSBP 

Customers

Paul Joseph Harcz, Jr.

1365 E. Mt. Morris Rd.

Mt. Morris, MI 48458

joeharcz at comcast.net

810-516-5262

To: Edward Rodgers

Director, BSBP

Via e-mail

Dear Mr Rodgers,

I point your attention to the following segment of BSBP's draft state plan 

supplement:

"The assessment mentions the statewide Workforce Investment System as 

it relates to WIA legislation and the Title IV Rehabilitation Act, as amended in 1998. The BSBP continues to review its Memorandums of Understanding with the workforce investment system (Michigan Works!) to ensure access to programs; such as, computer training, vocational evaluations, interest inventories, resume writing and virtual interviews. BSBP co-sponsors employer days and employer fairs with the Michigan Works! and is present in several of the Michigan Works! offices on an itinerant basis. The Bureau's familiarization with the Michigan Works! programs enable them to more effectively assist blind and visually impaired consumers who are seeking employment in the competitive labor market.

The overall customer satisfaction rates for BSBP (93%) in 2013 indicate 

that the majority of customers served by the agency were satisfied or very satisfied with the services they received. 

"

Just what assessment and satisfaction survey are bing talked about here sir?

Regardless as you and BSBP assert  data here I'm requesting the assessment and satisfaction reports referenced herein.

I'm also requesting the memorandums of understandings.

Moreover, as a person who is blind and in accordance with the ADA, Title II and Section 504 of the Rehabilitation Act of 1973 I'm requesting said assessments and surveys in my most effective format which is to have them remitted to me as either plain text enclosures or Word attachments to my e-mail adress listed above.Sincerely,

Paul Joseph Harcz, Jr.

Cc: MCRS

Cc: RSA

Cc: Luzenski, BSBP

Cc: NFB MI

Carla Miller Haynes

LARA Bureau of Services for Blind Persons (BSBP)

201 N. Washington Square, 2nd Floor

P.O. Box 30652

Lansing, MI  48909

Telephone:  517-373-2063 or Toll-Free 1-800-292-4200

Fax:  517-335-5140

www.michigan.gov/bsbp

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